Showing : 161-170 of 225 Results

SUPREME COURT OF INDIA
Year of decision: 2005
Details
Transfer of Property Act, 1882, Section 52-- Lis pendens - Elements required for the applicability of the provision are : (1) There must be a suit or proceeding pending in a Court of competent jurisdiction; (2) The suit or proceeding must not be collusive; (3) The litigation must be one in which right to immovable property is directly and..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52-- Transferee pendente lite - Impleading as a party - Application of transferee pendente lite for impleading him a party to the suit should ordinarily be allowed...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52-- Impleading of a party - Transferee pendente lite - Can be impleaded as a party if his interest in the subject matter of suit is substantial and not just peripheral - Court has discretion in the matter which must be judicially exercised and an alienee would ordinarily be joined as a party to enable..........
KERALA HIGH COURT
Year of decision: 2005
Details
Transfer of Property Act, 1882, Section 52-- Subsequent purchaser during pendency of suit - Defence that transferee is a bona fide purchaser for value without notice of earlier transaction is not available to such a transferee...........
KERALA HIGH COURT
Year of decision: 2005
Details
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52-- Subsequent transferee - S.19(b) SRA applies to transfer before institution of suit and S.52 TPA applies to transfer after institution of suit - Both the provisions operate in different fields - The moment suit is filed parties are governed by S.52 TPA - Subsequent transferee after institution of..........
KARNATAKA HIGH COURT
Year of decision: 2004
Details
Easement Act, 1882, Section 52, 59, 62-- License - When licensee dies, license also dies with him and thereafter his legal representatives hold as mere trespassers - Licensee by enjoying license for any length of time, cannot acquire right adverse to that of licensor - Exclusive possession of licensee does not militate against concept of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2004
Details
Transfer of Property Act, 1882, Section 52-- Lis pendens - Sale during pendency of suit for specific performance - Held, transfer of immovable property during pendency of civil suit without permission of Court is hit by principle of lis pendens and decree passed by Court is not adversely affected...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2004
Details
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 41, 52-- Subsequent purchaser - Subsequent purchasers son of the mortgagee in possession and residents of same village - Inhabitants of a small village is presumed to have knowledge of an agreement to sell executed in favour of one party of the same village - Held, that subsequent vendees are not bona fide..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Transfer of Property Act, 1882, Section 52-- Lis pendens - Transferee pendente lite is treated in eye of law as representative-in-interest of judgment debtor - Bringing of a lis pendens transfer on record is not as of right but in discretion of Court - Lis pendens transferee is bound by the decree even if he is not brought on record...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52-- Transferee pendente lite - Impleadment as a party - Purchase of property during pendency of suit without leave of Court - Transferee should ordinarily be joined as party to enable him to protect his interest - However, in the instant case trial Court assigned cogent reasons for rejecting such..........

Showing : 161-170 of 225 Results